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[House Report 113-622]
[From the U.S. Government Publishing Office]

113th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     113-622

======================================================================

 
                     FEDERAL DUCK STAMP ACT OF 2014

                                _______
                                

 November 17, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                        [To accompany H.R. 5069]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 5069) to amend the Migratory Bird Hunting and 
Conservation Stamp Act to increase in the price of Migratory 
Bird Hunting and Conservation Stamps to fund the acquisition of 
conservation easements for migratory birds, and for other 
purposes, having considered the same, report favorably thereon 
with an amendment and recommend that the bill as amended do 
pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Federal Duck Stamp Act of 2014''.

SEC. 2. INCREASE IN PRICE OF MIGRATORY BIRD HUNTING AND CONSERVATION 
                    STAMP TO FUND ACQUISITION OF CONSERVATION EASEMENTS 
                    FOR MIGRATORY BIRDS.

  The Migratory Bird Hunting and Conservation Stamp Act is amended--
          (1) in section 2(b) (16 U.S.C. 718b(b))--
                  (A) by striking ``1990, and'' and inserting 
                ``1990,''; and
                  (B) by striking ``for each hunting year thereafter'' 
                and inserting ``for hunting years 1991 through 2013, 
                and $25 for each hunting year thereafter'';
          (2) by adding at the end of section 2 (16 U.S.C. 718b) the 
        following:
  ``(c) Reduction in Price of Stamp.--The Secretary may reduce the 
price of each stamp sold under the provisions of this section for a 
hunting year if the Secretary determines that the increase in the price 
of the stamp after hunting year 2013 resulted in a reduction in 
revenues deposited into the fund.''; and
          (3) in section 4 (16 U.S.C. 718d)--
                  (A) in subsection (a)(3), by inserting before the 
                period the following: ``, in which there shall be a 
                subaccount to which the Secretary of the Treasury shall 
                transfer all amounts in excess of $15 that are received 
                from the sale of each stamp sold for each hunting year 
                after hunting year 2013'';
                  (B) in subsection (b)(1), by striking ``So much'' and 
                inserting ``Except as provided in paragraph (4), so 
                much'';
                  (C) in subsection (b)(2), by striking ``paragraph 
                (3)'' and inserting ``paragraphs (3) and (4)''; and
                  (D) by adding at the end of subsection (b) the 
                following:
          ``(4) Conservation easements.--Amounts in the subaccount 
        referred to in subsection (a)(3) shall be used by the Secretary 
        solely to acquire easements in real property in the United 
        States for conservation of migratory birds.''.

SEC. 3. ANNUAL REPORT ON EXPENDITURES.

  Section 4 of the Migratory Bird Hunting and Conservation Stamp Act 
(16 U.S.C. 718d) is further amended--
          (1) in subsection (c)--
                  (A) by striking so much as precedes ``The Secretary 
                may'' and inserting the following:
  ``(c) Promotion of Stamp Sales.--''; and
                  (B) by striking paragraph (2); and
          (2) by adding at the end the following:
  ``(d) Annual Report.--The Secretary shall include in each annual 
report of the Commission under section 3 of the Migratory Bird 
Conservation Act (16 U.S.C. 715b)--
          ``(1) a description of activities conducted under subsection 
        (c) in the year covered by the report;
          ``(2) an annual assessment of the status of wetlands 
        conservation projects for migratory bird conservation purposes, 
        including a clear and accurate accounting of--
                  ``(A) all expenditures by Federal and State agencies 
                under this section; and
                  ``(B) all expenditures made for fee-simple 
                acquisition of Federal lands in the United States, 
                including the amount paid and acreage of each parcel 
                acquired in each acquisition;
          ``(3) an analysis of the refuge lands opened, and refuge 
        lands closed, for hunting and fishing in the year covered by 
        the report, including--
                  ``(A) identification of the specific areas in each 
                refuge and the reasons for the closure or opening; and
                  ``(B) a detailed description of each closure 
                including detailed justification for such closure;
          ``(4) the total number of acres of refuge land open for 
        hunting and fishing, and the total number of acres of refuge 
        land closed for hunting and fishing, in the year covered by the 
        report; and
          ``(5) a separate report on the hunting and fishing status of 
        those lands added to the system in the year covered by the 
        report.''.

SEC. 4. EXEMPTION FOR TAKINGS BY RURAL ALASKA SUBSISTENCE USERS.

  Section 1(a)(2) of the Migratory Bird Hunting and Conservation Stamp 
Act (16 U.S.C. 718a(a)(2)) is amended by striking ``or'' after the 
semicolon at the end of subparagraph (B), by striking the period at the 
end of subparagraph (C) and inserting ``; or'', and by adding at the 
end the following:
                  ``(D) by a rural Alaska resident for subsistence uses 
                (as that term is defined in section 803 of the Alaska 
                National Interest Lands Conservation Act (16 U.S.C. 
                3113)).''.

                          Purpose of the Bill

    The purpose of H.R. 5069 is to amend the Migratory Bird 
Hunting and Conservation Stamp Act to increase the price of 
Migratory Bird Hunting and Conservation Stamps to fund the 
acquisition of conservation easements for migratory birds.

                  Background and Need for Legislation

    In 1934, Congress passed the Migratory Bird Hunting Stamp 
Act (16 U.S.C. 718a et seq.). Under this law, all hunters 16 
years of age and older must annually purchase and carry a 
federal duck stamp to hunt migratory waterfowl. The stamp also 
serves as an entrance pass for any of the 562 national wildlife 
refuge units which are open to the general public and require 
an admission fee. The original price of a duck stamp in 1934 
was $1.00. It has been incrementally increased seven times in 
the past 75 years to its present cost of $15 which was 
established in 1991.
    Since the inception of the Duck Stamp Program, the 
Department of the Interior has collected more than $800 million 
from the sale of duck stamps. These monies, deposited in the 
Migratory Bird Conservation Fund, have been used to purchase or 
lease over 5.6 million acres of wetlands and wildlife habitat 
for inclusion within the National Wildlife Refuge System 
subject to the approval of the Migratory Bird Conservation 
Commission. In fiscal year 2013, the Migratory Bird 
Conservation Commission approved projects to acquire 7,433 
acres of property in fee title and 52,873 acres of conservation 
easements.
    The duck stamp receipts have varied each year because of 
changes in waterfowl population levels, bag limits and economic 
conditions. In 2011-2012, 1,517,647 stamps were purchased and 
$22.3 million was deposited into the Migratory Bird 
Conservation Fund. To date, over 130 million federal duck 
stamps have been purchased by waterfowl hunters, stamp 
collectors, and wildlife enthusiasts.
    Over the past 12 years, the Migratory Bird Conservation 
Commission has approved the acquisition of 165,862 fee title 
acres and 448,721 acres of conservation easements. This 
represents an almost 3 to 1 ratio in non-governmental 
acquisition which demonstrates that the best way to spend 
federal duck stamp receipts is through permanent conservation 
easements. In its fiscal year 2015 budget request, the Fish and 
Wildlife Service anticipates raising an additional $14 million 
each year by raising the price of a federal duck stamp from $15 
to $25 dollars.
    This legislation would increase the price of a federal duck 
stamp from $15 to $25 and stipulates that the increase can only 
be used for conservation easements in the United States. The 
bill also requires a comprehensive annual report on 
expenditures. This report must include all expenditures by 
federal and state agencies, a description of activities 
conducted under the program, an inventory of refuge lands open 
or closed to hunting and fishing, an explanation of why refuge 
lands are closed and an annual assessment of the state of 
wetland conservation projects for migratory bird conservation.

                            Committee Action

    H.R. 5069 was introduced on July 10, 2014, by Congressman 
John Fleming (R-LA). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Fisheries, Wildlife, Oceans and Insular Affairs. On July 23, 
2014, the Subcommittee held a hearing on the bill. On July 30, 
2014, the Full Natural Resources Committee met to consider the 
bill. The Subcommittee on Fisheries, Wildlife, Oceans and 
Insular Affairs was discharged by unanimous consent. 
Congressman Fleming offered an amendment designated #1 to the 
bill; the amendment was adopted by voice vote. Congressman 
Steve Southerland (R-FL) offered an amendment designated .033 
to the bill; the amendment was adopted by voice vote. 
Congressman Don Young (R-AK) offered an amendment designated #1 
to the bill; the amendment was adopted by voice vote. 
Congressman Paul Broun (R-GA) offered an amendment designated 
.119 to the bill; the amendment was adopted by voice vote. No 
further amendments were offered, and the bill, as amended, was 
then adopted and ordered favorably reported to the House of 
Representatives by voice vote.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
received the following cost estimate for this bill from the 
Director of the Congressional Budget Office:

H.R. 5069--Federal Duck Stamp Act of 2014

    Summary: H.R. 5069 would allow the Department of the 
Interior (DOI) to raise the price charged for Federal Migratory 
Bird Hunting and Conservation Stamps (referred to as federal 
duck stamps). Federal duck stamps are annual permits sold by 
the federal government to hunt migratory waterfowl. The stamps 
also allow entry to National Wildlife Refuges that charge 
entrance fees. Sales proceeds are used to acquire wetlands for 
inclusion in the National Wildlife Refuge System.
    CBO estimates that enacting H.R. 5069 would reduce the 
deficit by $5 million over the 2015-2024 period. Collections 
from the sale of duck stamps are recorded in the budget as 
revenues, deposited in the Migratory Bird Conservation Fund 
(MBCF), and later spent. Because the bill would affect direct 
spending and revenues, pay-as-you-go procedures apply. In 
addition, we estimate that implementing the bill would have no 
significant effect on discretionary spending.
    H.R. 5069 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments.
    By increasing the annual fee for duck stamps, H.R. 5069 
would impose a private-sector mandate, as defined in UMRA, on 
individuals required to obtain the stamp as a federal permit to 
hunt migratory waterfowl. Based on information from gaming 
officials at DOI, CBO estimates that the incremental cost of 
complying with the mandate would fall well below the annual 
threshold for private-sector mandates ($152 million in 2014, 
adjusted annually for inflation).
    Estimated Cost to the Federal Government: The estimated 
budgetary effect of H.R. 5069 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                       By fiscal year, in millions of dollars--
                                                             -------------------------------------------------------------------------------------------
                                                               2015   2016   2017   2018   2019   2020   2021   2022   2023   2024  2015-2019  2015-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   CHANGES IN REVENUES
 
Estimated Revenues..........................................      *     13     13     13     13     13     13     13     14     14        52        119
                                                               CHANGES IN DIRECT SPENDING
 
Estimated Budget Authority..................................      *     13     13     13     13     13     13     13     14     14        52        119
Estimated Outlays...........................................      *      8     12     13     13     13     13     13     14     14        47        114
                                NET INCREASE OR DECREASE (-) IN THE DEFICIT FROM CHANGES IN DIRECT SPENDING AND REVENUES
 
Impact on the Deficit.......................................      *     -5     -1      0      0      0      0      0      0      0        -5        -5
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Note: * = less than $500,000; components may not sum to totals because of rounding.

    Basis of estimate: For this estimate, CBO assumes that H.R. 
5069 will be enacted near the end of 2014 and that DOI will 
begin charging higher fees authorized under the bill at the 
start of the 2015 hunting season (July 2015). Estimated outlays 
are based on the program's historical spending pattern.

Revenues

    H.R. 5069 would increase the price of federal duck stamps 
from $15 to $25 for an annual permit. Based on information 
provided by DOI, CBO estimates that federal revenues would 
increase by $119 million over the 2015-2024 period. That 
estimate includes a reduction in the number of stamps sold 
compared with the number that would be sold at a price of $15, 
reflecting CBO's assessment of the effects of prior stamp price 
increases.

Direct Spending

    As under existing law, additional collections from the sale 
of duck stamps under the bill would be deposited in the MBCF 
and would be available to be spent without further 
appropriation. Amounts collected from the incremental increase 
in the fee would be available for the acquisition of 
conservation easements. CBO estimates that enacting the 
legislation would increase spending from the MBCF by about $114 
million over the 2015-2024 period. In recent years, revenues 
from duck stamps have provided about $22 million annually for 
conservation projects, which usually focus on acquiring 
habitat.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues that are 
subject to those pay-as-you-go procedures are shown in the 
following table.

CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR H.R. 5069, THE FEDERAL DUCK STAMP ACT OF 2014, AS ORDERED REPORTED BY THE HOUSE COMMITTEE ON NATURAL RESOURCES
                                                                      JULY 30, 2014
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year, in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2014   2015   2016   2017   2018   2019   2020   2021   2022   2023   2024  2014-2019  2014-2024
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT
 
Statutory Pay-As-You-Go Impact.......................      0      0     -5     -1      0      0      0      0      0      0      0        -5         -5
Memorandum:
    Changes in Outlays...............................      0      0      8     12     13     13     13     13     13     14     14        47        114
    Changes in Revenues..............................      0      0     13     13     13     13     13     13     13     14     14        52        119
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    Estimated effect on state, local, and tribal governments: 
H.R. 5069 contains no intergovernmental mandates as defined in 
UMRA and would impose no costs on state, local, or tribal 
governments.
    Estimated effect on the private sector: By increasing the 
annual fee for duck stamps, which serve as a federal permit 
that individuals are required to obtain to hunt migratory 
waterfowl, H.R. 5069 would impose a private-sector mandate on 
individuals who purchase the stamp as a hunting permit. Based 
on information from gaming officials at DOT regarding the 
number of migratory bird hunters, CBO estimates that the fee 
increase would total about $13 million annually beginning in 
2016. (Some purchases of duck stamps are made voluntarily by 
conservationists and those purchases would not be considered a 
mandate under UMRA.) As a result, CBO estimates that the 
incremental cost of complying with the mandate would fall well 
below the annual threshold for private-sector mandates ($152 
million in 2014, adjusted annually for inflation).
    Previous CBO estimate: On May 2, 2014, CBO transmitted a 
cost estimate for S. 1865, the Migratory Bird Habitat 
Investment and Enhancement Act, as ordered reported by the 
Senate Committee on Environment and Public Works on February 6, 
2014. The two bills are similar, and both bills would increase 
the price of duck stamps from $15 to $25. However, S. 1865 
would further increase the price of a duck stamp from $25 to 
$30 five years after enactment. The CBO cost estimates reflect 
that difference.
    Estimate prepared by: Federal Costs: Nathaniel Frentz--
Revenues, Martin von Gnechten--Spending; Impact on state, 
local, and tribal governments: Jon Sperl; Impact on the private 
sector: Paige Piper/Bach.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures. CBO estimates that enacting H.R. 
5069 would reduce the deficit by $5 million over the 2015-2024 
period.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to amend the Migratory Bird Hunting 
and Conservation Stamp Act to increase the price of Migratory 
Bird Hunting and Conservation Stamps to fund the acquisition of 
conservation easements for migratory birds.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman does not believe that 
this bill directs any executive branch official to conduct any 
specific rule-making proceedings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

           MIGRATORY BIRD HUNTING AND CONSERVATION STAMP ACT

SECTION 1. PROHIBITION ON TAKING.

  (a) Prohibition.--
          (1) * * *
          (2) Exception.--No stamp described in paragraph (1) 
        shall be required for the taking of migratory 
        waterfowl--
                  (A) * * *
                  (B) for propagation; [or]
                  (C) by the resident owner, tenant, or 
                sharecropper of the property, or officially 
                designated agencies of the Department of the 
                Interior, for the killing, under such 
                restrictions as the Secretary may by regulation 
                prescribe, of such waterfowl when found 
                damaging crops or other property[.]; or
                  (D) by a rural Alaska resident for 
                subsistence uses (as that term is defined in 
                section 803 of the Alaska National Interest 
                Lands Conservation Act (16 U.S.C. 3113)).

           *       *       *       *       *       *       *

SEC. 2. SALES; FUND DISPOSITION; UNSOLD STAMPS.

  (a) * * *
  (b) Cost of Stamps.--The Postal Service shall collect $10.00 
for each stamp sold under the provisions of this section for 
hunting years 1987 and 1988, $12.50 for hunting years 1989 and 
[1990, and] 1990, $15.00 [for each hunting year thereafter] for 
hunting years 1991 through 2013, and $25 for each hunting year 
thereafter, if the Secretary determines, at any time before 
February 1 of the calendar year in which such hunting year 
begins, that all sums in the Migratory Bird Conservation Fund 
available for obligation and attributable to--
          (1) * * *

           *       *       *       *       *       *       *

  (c) Reduction in Price of Stamp.--The Secretary may reduce 
the price of each stamp sold under the provisions of this 
section for a hunting year if the Secretary determines that the 
increase in the price of the stamp after hunting year 2013 
resulted in a reduction in revenues deposited into the fund.

           *       *       *       *       *       *       *

SEC. 4. EXPENDITURE OF FUNDS.

  (a) In General.--All funds received for stamps sold under 
this Act shall be--
          (1) * * *

           *       *       *       *       *       *       *

          (3) reserved and set aside as a special fund, to be 
        known as the ``Migratory Bird Conservation Fund'' 
        (referred to in this section as the ``fund''), to be 
        administered by the Secretary, in which there shall be 
        a subaccount to which the Secretary of the Treasury 
        shall transfer all amounts in excess of $15 that are 
        received from the sale of each stamp sold for each 
        hunting year after hunting year 2013.
  (b) Use of Funds.--All funds received into the fund are 
appropriated for the following purposes, to remain available 
until expended:
          (1) Advance allotments.-- [So much] Except as 
        provided in paragraph (4), so much as may be necessary 
        shall be used by the Secretary for engraving, printing, 
        issuing, selling, and accounting for Migratory Bird 
        Hunting and Conservation Stamps and moneys received 
        from the sale thereof, in addition to expenses for 
        personnel services in the District of Columbia and 
        elsewhere, and such other expenses as may be necessary 
        in executing the duties and functions required of the 
        Postal Service.
          (2) Areas for refuges.--Except as provided in 
        [paragraph (3)] paragraphs (3) and (4) and subsection 
        (c), the remainder shall be available for the location, 
        ascertainment, and acquisition of suitable areas for 
        migratory bird refuges under the provisions of the 
        Migratory Bird Conservation Act (16 U.S.C. 715 et seq.) 
        and for the administrative costs incurred in the 
        acquisition of such areas.

           *       *       *       *       *       *       *

          (4) Conservation easements.--Amounts in the 
        subaccount referred to in subsection (a)(3) shall be 
        used by the Secretary solely to acquire easements in 
        real property in the United States for conservation of 
        migratory birds.
  [(c) Promotion of Stamp Sales.--]
          [(1) In general.--] (c) Promotion of Stamp Sales.--
        The Secretary may use funds from the sale of Migratory 
        Bird Hunting and Conservation Stamps, not to exceed 
        $1,000,000 in each of fiscal years 1999, 2000, 2001, 
        2002, and 2003, for the promotion of additional sales 
        of those stamps, in accordance with a Migratory Bird 
        Conservation Commission approved annual marketing plan. 
        Such promotion shall include the preparation of 
        reports, brochures, or other appropriate materials to 
        be made available to the public that describe the 
        benefits to wildlife derived from stamp sales.
          [(2) Components of report.--The Secretary shall 
        include in each annual report of the Commission under 
        section 3 of the Migratory Bird Conservation Act (16 
        U.S.C. 715b) a description of activities conducted 
        under this subsection in the year covered by the 
        report.]
  (d) Annual Report.--The Secretary shall include in each 
annual report of the Commission under section 3 of the 
Migratory Bird Conservation Act (16 U.S.C. 715b)--
          (1) a description of activities conducted under 
        subsection (c) in the year covered by the report;
          (2) an annual assessment of the status of wetlands 
        conservation projects for migratory bird conservation 
        purposes, including a clear and accurate accounting 
        of--
                  (A) all expenditures by Federal and State 
                agencies under this section; and
                  (B) all expenditures made for fee-simple 
                acquisition of Federal lands in the United 
                States, including the amount paid and acreage 
                of each parcel acquired in each acquisition;
          (3) an analysis of the refuge lands opened, and 
        refuge lands closed, for hunting and fishing in the 
        year covered by the report, including--
                  (A) identification of the specific areas in 
                each refuge and the reasons for the closure or 
                opening; and
                  (B) a detailed description of each closure 
                including detailed justification for such 
                closure;
          (4) the total number of acres of refuge land open for 
        hunting and fishing, and the total number of acres of 
        refuge land closed for hunting and fishing, in the year 
        covered by the report; and
          (5) a separate report on the hunting and fishing 
        status of those lands added to the system in the year 
        covered by the report.

           *       *       *       *       *       *       *
```